During the public comment period regarding the requirement for an Environmental Impact Statement (EIS) for Riverview LLP’s expansion of its West River Dairy facility, the Minnesota Pollution Control Agency received 1,314 comments from community members.
It also received 60 comments related to the feedlot permit and two from the Minnesota Department of Natural Resources (DNR),
Riverview proposes to increase its West River Dairy operation from 7,855 dairy cows and 10,997 animal units by adding 11,000 dairy cows and 15,400 animal units at West River Dairy in Section 1 of Synnes Township in Stevens County.
When complete, it will be the single largest dairy operation in the state with 18,855 head and 26,397 animal units.
The MPCA said it based West River EIS decision on information gathered during the EAW process and the comments received. However, its decision was governed by state law and rules applying to permit issues for feedlot operations.
It also considered information it received from the DNR on water resources.
The MPCA is required to order an EIS for projects that have the potential for significant environmental effects, however, it also looks at how an applicant’s construction and operational plans mitigate potential problems.
An EAW is an information-gathering document used to inform decision-makers, including those issuing land-use and environmental permits required for the project. The environmental review process provides an opportunity for public input during the public comment period, it says. It is also required by the MPCA before deciding whether an EIS is needed.
An EIS is a much more comprehensive, in-depth look at a project’s impact on the area, and even region, where it is proposed.
The MPCA looks at the potential for significant environmental effects based on the “type, extent, and reversibility of environmental effects” caused by an applicant’s proposal.
A summary of the types of potential impacts from the expansion of the West River Dairy reviewed by the MPCA in its decision-making process, includes:
a. Surface water quality
b. Groundwater quality
c. Air quality (hydrogen sulfide, ammonia, odor)
d. Greenhouse gas emissions
Also, based on public comments, additional issues considered include:
e. Groundwater appropriations
f. Traffic
All these areas were addressed in its responses to citizen comments. Following are the concerns raised and how the MPCA commented on them:
Groundwater appropriations
Groundwater appropriation refers to how much water Riverview will be drawing from aquifers for its operation. Water from the aquifer it accesses may also be used by area residents, businesses and farms for irrigation.
The off-site location from which East River Dairy draws its water was previously reviewed when plans for it to be where an ethanol plant would be constructed. The plant was not built, but DNR had permitted drawing 452 million gallons per year from the aquifer.
The off-site well is near the Pomme de Terre River valley and is screened in a Quaternary Water Table Aquifer (QWTA), while the wells for the existing facility are screened in the Quaternary Buried Artesian Aquifer (QBAA) beneath the Project site.
“The DNR’s appropriation was based on the results of a seven-day aquifer pump test that identified sufficient water in the water-table aquifer and confirmed that the aquifer is hydraulically connected to the Pomme de Terre River,” the MPCA stated.
However, the DNR determined that “pumping conditions were imposed by the DNR to protect the river in the event of drought or low surface-water flows.”
Riverview plans to take 226 million gallons from the off-site well, half its DNR-allocated amount.
The MPCA also said that the DNR was “to evaluate the impacts of water appropriation on rare features in the Pomme de Terre River downstream of the appropriation site.”
The DNR has issued the water permit for East River Dairy.
Riverview is also developing “contingency measures for seasonal fluctuations and/or potential pumping restrictions.” It will have two water storage basins on site. The basins will be filled with well water outside any restricted periods. Riverview will also collect stormwater.
“The MPCA finds that information presented in the EAW and other information in the environmental review record is adequate to address the concerns related to groundwater appropriation,” it stated in its finding.
“The MPCA finds that the project, as it is proposed, does not have the potential for significant environmental effects based on the type, extent, and reversibility of impacts related to groundwater appropriation,” it adds.
Surface waters and runoff
Comments about the dairy posing a threat to area surface waters and to the watershed were deemed outside the MPCA’s scope of review.
The MPCA did response to a group of “general statements about putting a high value on Minnesota’s lakes and streams.”
“The Project will manage runoff in accordance with the Stormwater Pollution Prevention Plan (SWPPP) plan included with the Feedlot Permit application. Each stormwater basin is sized more than 20% larger than the minimum requirement.
“Since all stormwater is contained on the project, impacts to nearby lands are not expected.
“Best Management Practices (BMPs) include:
(1) Stormwater will generally not come into contact with feed, animals, manure, or bedding. Any contaminated runoff will not leave the Project site and
(2) the feed piles will be covered with impermeable plastic on an asphalt feed pad to minimize rainwater contact with the feed. Stormwater from the feed pad and solid manure storage areas will flow to Facility 106 (Feed Storage Pad) and be contained in a Liquid Manure Storage Area (LMSA) preventing it from entering local waterways.”
Riverview’s National Pollutant Discharge Elimination System (NPDES) permit from the MPCA for feedlot expansion permit set down requirements for nutrient management plans, setbacks and buffers from protected waters,” the MPCA said.
Hearing room was chosen for proximity
Some objected to the fact that the hearing room at the Old Number 1 Bar & Grill in Morris was too small and did not allow everyone who wanted to be at the hearing the chance to get inside.
The MPCA responded that the site was chosen in Morris to give those in the area the chance to speak without having to drive a lot of distance and “one hour plus” to a bigger venue. However, this ignores the availability of multiple gymnasiums in Morris that could have hosted the hearing.
In response to a comment that Riverview “packed” the meeting room with its employees, the MPCA said it was outside the scope of its deliberative process.
Comment increases greenhouse gases
Commenter claims MPCA cannot issue the Individual NPDES Permit to West River Dairy because it fails to address GHG (greenhouse gas) Emissions.
“Currently, there are no federal or Minnesota thresholds of greenhouse gas significance for determining the impacts of greenhouse gas emissions from an individual project on global climate change,” MPCA said in its response to the comments. Riverview will comply with all current laws for its NPDES permit, it says.
Comment roads degraded
Commenter states, “Traffic and road maintenance and the impact on transportation adjacent water ways with increased emissions from trucking.”
“Manure applications will be performed using drag hoses, which minimize road traffic from manure application equipment. The Proposer will develop and utilize an underground manure transfer line,” the MPCA said.
“The underground manure line system transports manure from the dairy to a field, typically in the middle of the field. This results in less impact on local infrastructure and a minimized risk of manure spills from overland transport.”
Comment – Capacity for the land to consistently absorb manure produced.
MPCA: “As required by the MPCA, (Riverview) will sample soil from manure application fields every four years to monitor phosphorus levels…to prevent long-term soil phosphorus build-up.”
Riverview can adjust “the amount of manure applied, or commercial fertilizer applied or adjust the crop rotation to prevent long term phosphorus build-up,” it added.
“The Project’s nutrient management plan helps establish agronomic application rates by ensuring that estimated plant-available nitrogen does not exceed crop nitrogen demand for non-legume crops or nitrogen removal for legume crops,” the MPCA said.
Chemicals antibiotics
People brought up concerns about overuse of antibiotics in the dairy cattle.
“According to the University of Wisconsin Extension (Fall 2011) Publication, Assessing the Potential Effects of Hormones in Livestock Manure, hormones were found to be rapidly degraded in stormwater runoff, which suggests minimal impact on aquatic organisms, and efforts that prevent manure from entering waterways will likely prevent hormones from entering surface waters,” MPCA said.
For many of the comments made about the project, the MPCA said they were not relevant to its decision making process based on law and feedlot permit rules.
